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Texas Occupations Code - OCC § 507.153. Limitation Regarding Certain Rules

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Unless the rule has been proposed by the applicable board for the profession, the executive council may not adopt under this chapter or Chapter 501, 502, 503, or 505:

(1) a rule regarding:

(A) the qualifications necessary to obtain a license, including limiting an applicant's eligibility for a license based on the applicant's criminal history;

(B) the scope of practice of and standards of care and ethical practice for the profession;  or

(C) continuing education requirements for license holders;  or

(2) a schedule of sanctions for violations of the laws and rules applicable to the profession.

(b) For each rule proposed under Subsection (a), the executive council shall either adopt the rule as proposed or return the rule to the applicable board for revision.  On the return of a rule under this subsection, the executive council shall include an explanation of the executive council's reasons for not adopting the rule as proposed.

(c) The executive council retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process.

(d) The executive council shall adopt rules prescribing the procedure by which rules described by Subsection (a) may be proposed to the executive council.

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 507.153. Limitation Regarding Certain Rules - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-507-153/

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